- 23 - the UNICAP rules as an operation of law.10 We find that argument unpersuasive. The fact of the matter is that, up until and including the subject year, petitioner used a method of accounting that did not reflect the UNICAP rules, and our holdings herein mean that petitioner must recompute its income for the subject year under a method of accounting that does take into account those rules. See also sec. 1.263A-1T(e)(11), Temporary Income Tax Regs., 52 Fed. Reg. 10052, 10083-10084 (Mar. 30, 1987) (“Taxpayers who are required to change their method of accounting under this section and who fail to comply with the requirements of this paragraph (e)(11) [regarding an automatic 10 Petitioner also notes that the Commissioner had previously examined some of its earlier taxable years that postdated the effective date of the UNICAP rules and that the Commissioner had never changed its method of accounting for those years to conform to those rules. Petitioner suggests that the Commissioner now is estopped from making the sec. 481 adjustment for the subject year. We find this suggestion unavailing. The fact that the Commissioner had the opportunity to, but did not, change an improper method of accounting in an earlier year does not mean that he is estopped from making the change in the later year. See Knight-Ridder Newspapers Inc. v. United States, 743 F.2d 781 (11th Cir. 1984). The doctrine of equitable estoppel does not bar the Commissioner from correcting a mistake of law, see Automobile Club v. Commissioner, 353 U.S. 180, 183 (1957); see also Norfolk S. Corp. v. Commissioner, 104 T.C. 13, 61 (1995), and the cases cited therein, affd. 140 F.3d 240 (4th Cir. 1998), "even where a taxpayer may have relied to his detriment on the Commissioner's mistake", Dixon v. United States, 381 U.S. 68, 72-73 (1965). The Commissioner may correct mistakes of law because "'Whoever deals with the government does so with notice that no agent can, by neglect or acquiescence, commit it to an erroneous interpretation of the law."' Graff v. Commissioner, 74 T.C. 743, 762 (1980) (quoting Schafer v. Helvering, 83 F.2d 317, 320 (D.C. Cir. 1936)), affd. 673 F.2d 784 (5th Cir. 1982).Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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